300.348. All-terrain vehicles, prohibited--exceptions, operation of all-terrain vehicles under an exception--prohibited uses--penalty.
All-terrain vehicles, prohibited--exceptions, operation ofall-terrain vehicles under an exception--prohibited uses--penalty.
300.348. 1. No person shall operate an all-terrain vehicle, asdefined in section 300.010, upon the streets and highways of this city,except as follows:
(1) All-terrain vehicles owned and operated by a governmental entityfor official use;
(2) All-terrain vehicles operated for agricultural purposes orindustrial on-premises purposes between the official sunrise and sunset onthe day of operation;
(3) All-terrain vehicles whose operators carry a special permitissued by this city pursuant to section 304.013, RSMo.
2. No person shall operate an off-road vehicle, as defined in section304.001, RSMo, within any stream or river in this city, except thatoff-road vehicles may be operated within waterways which flow within theboundaries of land which an off-road vehicle operator owns, or foragricultural purposes within the boundaries of land which an off-roadvehicle operator owns or has permission to be upon, or for the purpose offording such stream or river of this state at such road crossings as arecustomary or part of the highway system. All law enforcement officials orpeace officers of this state and its political subdivisions shall enforcethe provisions of this subsection within the geographic area of theirjurisdiction.
3. A person operating an all-terrain vehicle on a street or highwaypursuant to an exception covered in this section shall have a valid licenseissued by a state authorizing such person to operate a motor vehicle, butshall not be required to have passed an examination for the operation of amotorcycle, and the vehicle shall be operated at speeds of less than thirtymiles per hour. When operated on a street or highway, an all-terrainvehicle shall have a bicycle safety flag, which extends not less than sevenfeet above the ground, attached to the rear of the vehicle. The bicyclesafety flag shall be triangular in shape with an area of not less thanthirty square inches and shall be day-glow in color.
4. No person shall operate an all-terrain vehicle:
(1) In any careless way so as to endanger the person or property ofanother;
(2) While under the influence of alcohol or any controlled substance;or
(3) Without a securely fastened safety helmet on the head of anindividual who operates an all-terrain vehicle or who is being towed orotherwise propelled by an all-terrain vehicle, unless the individual is atleast eighteen years of age.
5. No operator of an all-terrain vehicle shall carry a passenger,except for agricultural purposes.
6. A violation of this section shall be a class C misdemeanor.
(L. 1988 H.B. 990, A.L. 1990 H.B. 1279, A.L. 2002 H.B. 1270 and H.B. 2032)